What is the efficacy and integrity of the process by which an offer was obtained?

Ontario, Canada


The following excerpt is from B&M Handelman Investments Limited v. Mass Properties Inc., 2009 CanLII 37930 (ON SC):

As to the efficacy and integrity of the process by which the offer was obtained, Macdonald J.A.’s commentary in Cameron v. Bank of N.S.[6] continues to be apropos: In my opinion if the decision of the receiver to enter into an agreement of sale, subject to court approval, with respect to certain assets is reasonable and sound under the circumstances at the time existing it should not be set aside simply because a later and higher bid is made. To do so would literally create chaos in the commercial world and receivers and purchasers would never be sure they had a binding agreement. On the contrary, they would know that other bids could be received and considered up until the application for court approval is heard---this would be an intolerable situation.

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